Terms Used In Florida Statutes > Chapter 570 > Part II - Program Services

• Agricultural marketing facilities: means state-owned wholesale and retail markets managed by the Bureau of State Farmers' Market. See Florida Statutes 570.02
• Agriculture: means the science and art of production of plants and animals useful to humans, including to a variable extent the preparation of these products for human use and their disposal by marketing or otherwise, and includes aquaculture, horticulture, floriculture, viticulture, forestry, dairy, livestock, poultry, bees, and any and all forms of farm products and farm production. See Florida Statutes 570.02
• Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
• Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
• Appellate: About appeals; an appellate court has the power to review the judgement of another lower court or tribunal.
• Approved midwifery program: means a midwifery training program approved by the department pursuant to…. See Florida Statutes 467.003
• Arrest: Taking physical custody of a person by lawful authority.
• Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
• Attaching entity: means a person that is a local exchange carrier, a public utility, a communications services provider, a broadband service provider, or a cable television operator that owns or controls pole attachments. See Florida Statutes 366.02
• Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
• Audiologist: means a person licensed under this part to practice audiology. See Florida Statutes 468.1125
• Board: means the Board of Dentistry. See Florida Statutes 466.003
• Board: means the Board of Speech-Language Pathology and Audiology. See Florida Statutes 468.1125
• Board: means the Board of Nursing Home Administrators. See Florida Statutes 468.1655
• Broadband service: means any service that consists of or includes the offering of the capability to transmit or receive information at a rate that is not less than 200 kilobits per second and either:
  (a) Is used to provide access to the Internet; or
  (b) Provides computer processing, information storage, information content, or protocol conversion in combination with the service. See Florida Statutes 364.02
• Certified audiology assistant: means a person who is certified under this part to perform audiology services under the direct supervision of an audiologist. See Florida Statutes 468.1125
• Certified nurse midwife: means a person who is licensed as an advanced practice registered nurse under part I of chapter 464 and who is certified to practice midwifery by the American College of Nurse Midwives. See Florida Statutes 467.003
• Certified speech-language pathology assistant: means a person who is certified under this part to perform speech pathology services under the direct supervision of a speech pathologist. See Florida Statutes 468.1125
• Commission: means the Florida Public Service Commission. See Florida Statutes 364.02
• Commission: means the Florida Public Service Commission. See Florida Statutes 366.02
• Commissioner: means the Commissioner of Agriculture. See Florida Statutes 570.02
• Communications services provider: means an entity providing communications services as defined in…. See Florida Statutes 366.02
• Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
• Contract: A legal written agreement that becomes binding when signed.
• Conviction: A judgement of guilt against a criminal defendant.
• Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
• Corporation: includes a corporation, company, association, or joint stock association. See Florida Statutes 364.02
• Council: means the Council of Licensed Midwifery. See Florida Statutes 467.003
• Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
• Dental assistant: means a person, other than a dental hygienist, who, under the supervision and authorization of a dentist, provides dental care services directly to a patient. See Florida Statutes 466.003
• Dental hygiene: means the rendering of educational, preventive, and therapeutic dental services pursuant to ss. See Florida Statutes 466.003
• Dental hygienist: means a person licensed to practice dental hygiene pursuant to this chapter. See Florida Statutes 466.003
• dental laboratory: includes any person, firm, or corporation that performs for a fee of any kind, gratuitously, or otherwise, directly or through an agent or an employee, by any means or method, or supplies or manufactures artificial substitutes for the natural teeth; furnishes, supplies, constructs, or reproduces or repairs any prosthetic denture, bridge, or appliance to be worn in the human mouth; or in any way represents itself as a dental laboratory. See Florida Statutes 466.031
• Dentist: means a person licensed to practice dentistry pursuant to this chapter. See Florida Statutes 466.003
• Dentistry: means the healing art which is concerned with the examination, diagnosis, treatment planning, and care of conditions within the human oral cavity and its adjacent tissues and structures. See Florida Statutes 466.003
• Department: means the Department of Health. See Florida Statutes 466.003
• Department: means the Department of Health. See Florida Statutes 467.003
• Department: means the Department of Agriculture and Consumer Services. See Florida Statutes 570.02
• Department: means the Department of Health. See Florida Statutes 468.1125
• Department: means the Department of Health. See Florida Statutes 468.1655
• Dependent: A person dependent for support upon another.
• Direct supervision: means responsible supervision and control by a licensed speech-language pathologist who shall assume legal liability for the services rendered by any certified speech-language pathology assistant under the licensee's supervision, or responsible supervision and control by a licensed audiologist who shall assume legal liability for the services rendered by any certified audiology assistant under the licensee's supervision. See Florida Statutes 468.1125
• Docket: A log containing brief entries of court proceedings.
• Donor: The person who makes a gift.
• Electric utility: means any municipal electric utility, investor-owned electric utility, or rural electric cooperative which owns, maintains, or operates an electric generation, transmission, or distribution system within the state. See Florida Statutes 366.02
• Electronic funds transfer: The transfer of money between accounts by consumer electronic systems-such as automated teller machines (ATMs) and electronic payment of bills-rather than by check or cash. (Wire transfers, checks, drafts, and paper instruments do not fall into this category.) ^{Source: OCC}
• Entitlement: A Federal program or provision of law that requires payments to any person or unit of government that meets the eligibility criteria established by law. Entitlements constitute a binding obligation on the part of the Federal Government, and eligible recipients have legal recourse if the obligation is not fulfilled. Social Security and veterans' compensation and pensions are examples of entitlement programs.
• Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. ^{Source: U.S. Courts}
• Escrow: Money given to a third party to be held for payment until certain conditions are met.
• Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
• Ex officio: Literally, by virtue of one's office.
• Fair market value: The price at which an asset would change hands in a transaction between a willing, informed buyer and a willing, informed seller.
• Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
• Fraud: Intentional deception resulting in injury to another.
• Guarantor: A party who agrees to be responsible for the payment of another party's debts should that party default. ^{Source: OCC}
• Indemnification: In general, a collateral contract or assurance under which one person agrees to secure another person against either anticipated financial losses or potential adverse legal consequences. ^{Source: FDIC}
• Intrapartal: means occurring during the process of giving birth. See Florida Statutes 467.003
• Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
• Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). ^{Source: OCC}
• Legacy: A gift of property made by will.
• Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
• Licensure: means authorization and license granted by the department for a person to engage in the practice of midwifery. See Florida Statutes 467.003
• Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
• Midwife: means any person not less than 21 years of age, other than a licensed physician or certified nurse midwife, who is licensed under this chapter to supervise the birth of a child. See Florida Statutes 467.003
• Midwifery: means the practice of supervising the conduct of a normal labor and childbirth, with the informed consent of the parent; the practice of advising the parents as to the progress of the childbirth; and the practice of rendering prenatal and postpartal care. See Florida Statutes 467.003
• minor: includes any person who has not attained the age of 18 years. See Florida Statutes 1.01
• Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
• Nolo contendere: No contest-has the same effect as a plea of guilty, as far as the criminal sentence is concerned, but may not be considered as an admission of guilt for any other purpose.
• Normal labor and childbirth: means the physiological process of a healthy woman giving birth to a healthy infant and expelling an intact placenta, without injury, complications, or undue strain to the mother. See Florida Statutes 467.003
• Nursing home: means an institution or facility licensed as such under part II of chapter 400. See Florida Statutes 468.1655
• Nursing home administrator: means a person who is licensed to engage in the practice of nursing home administration in this state under the authority of this part. See Florida Statutes 468.1655
• Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
• Oversight: Committee review of the activities of a Federal agency or program.
• Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
• person: includes individuals, children, firms, associations, joint adventures, partnerships, estates, trusts, business trusts, syndicates, fiduciaries, corporations, and all other groups or combinations. See Florida Statutes 1.01
• Personal property: All property that is not real property.
• Physician: means a person licensed to practice medicine as authorized in chapter 458 or chapter 459. See Florida Statutes 467.003
• Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court.
• Pole: means a pole used for electric distribution service, streetlights, communications services, local exchange services, or cable television services which is owned in whole or in part by a pole owner. See Florida Statutes 366.02
• Pole attachment: means any attachment by a public utility, local exchange carrier communications services provider, broadband provider, or cable television operator to a pole, duct, conduit, or right-of-way owned or controlled by a pole owner. See Florida Statutes 366.02
• Pole owner: means a local exchange carrier, a public utility, a communications services provider, or a cable television operator that owns a pole. See Florida Statutes 366.02
• political subdivision: include counties, cities, towns, villages, special tax school districts, special road and bridge districts, bridge districts, and all other districts in this state. See Florida Statutes 1.01
• postpartum: means existing or occurring subsequent to birth. See Florida Statutes 467.003
• Practice of audiology: means the application of principles, methods, and procedures for the prevention, identification, evaluation, consultation, habilitation, rehabilitation, instruction, treatment, and research, relative to hearing and the disorders of hearing, and to related language and speech disorders. See Florida Statutes 468.1125
• Practice of nursing home administration: means any service requiring nursing home administration education, training, or experience and the application of such to the planning, organizing, staffing, directing, and controlling of the total management of a nursing home. See Florida Statutes 468.1655
• Practice of speech-language pathology: means the application of principles, methods, and procedures for the prevention, identification, evaluation, treatment, consultation, habilitation, rehabilitation, instruction, and research, relative to the development and disorders of human communication; to related oral and pharyngeal competencies; and to behavior related to disorders of human communication. See Florida Statutes 468.1125
• Precedent: A court decision in an earlier case with facts and law similar to a dispute currently before a court. Precedent will ordinarily govern the decision of a later similar case, unless a party can show that it was wrongly decided or that it differed in some significant way.
• Preceptor: means a physician licensed under chapter 458 or chapter 459, a midwife licensed under this chapter, or a certified nurse midwife licensed under chapter 464 who has a minimum of 3 years' professional experience and who directs, teaches, supervises, and evaluates the learning experiences of a student midwife as part of an approved midwifery program. See Florida Statutes 467.003
• Prelicensure course: means a course of study, offered by an accredited midwifery program and approved by the department, which an applicant for licensure must complete before a license may be issued and which provides instruction in the laws and rules of this state and demonstrates the student's competency to practice midwifery under this chapter. See Florida Statutes 467.003
• Probable cause: A reasonable ground for belief that the offender violated a specific law.
• Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
• Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
• Public utility: means every person, corporation, partnership, association, or other legal entity and their lessees, trustees, or receivers supplying electricity or gas (natural, manufactured, or similar gaseous substance) to or for the public within this state; but the term "public utility" does not include either a cooperative now or hereafter organized and existing under the Rural Electric Cooperative Law of the state; a municipality or any agency thereof; any dependent or independent special natural gas district; any natural gas transmission pipeline company making only sales or transportation delivery of natural gas at wholesale and to direct industrial consumers; any entity selling or arranging for sales of natural gas which neither owns nor operates natural gas transmission or distribution facilities within the state; or a person supplying liquefied petroleum gas, in either liquid or gaseous form, irrespective of the method of distribution or delivery, or owning or operating facilities beyond the outlet of a meter through which natural gas is supplied for compression and delivery into motor vehicle fuel tanks or other transportation containers, unless such person also supplies electricity or manufactured or natural gas. See Florida Statutes 366.02
• Quorum: The number of legislators that must be present to do business.
• Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
• registered mail: includes certified mail with return receipt requested. See Florida Statutes 1.01
• Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
• Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
• Speech-language pathologist: means a person licensed under this part to practice speech pathology. See Florida Statutes 468.1125
• Statute: A law passed by a legislature.
• Stillbirth: means the death of a fetus of more than 20 weeks' gestation. See Florida Statutes 467.003
• Subpoena: A command to a witness to appear and give testimony.
• Telecommunications company: includes every corporation, partnership, and person and their lessees, trustees, or receivers appointed by any court whatsoever, and every political subdivision in the state, offering two-way telecommunications service to the public for hire within this state by the use of a telecommunications facility. See Florida Statutes 364.02
• Testify: Answer questions in court.
• Testimony: Evidence presented orally by witnesses during trials or before grand juries.
• Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
• Venue: The geographical location in which a case is tried.
• writing: includes handwriting, printing, typewriting, and all other methods and means of forming letters and characters upon paper, stone, wood, or other materials. See Florida Statutes 1.01